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IN RE WEISS

Nos. 95-2564, 95-2706, 95-2707 and 96-1879.

111 F.3d 1159 (1997)

In re C. Walter WEISS, d/b/a W & M Investment, d/b/a Weiss Development; In re Paulette H. Weiss, d/b/a Karmel Korn, d/b/a Connectables, Incorporated, Debtors. Johanna F. McGAHREN, as personal representative for the Estate of Francis J. McGahren, Creditor-Appellant, v. FIRST CITIZENS BANK & TRUST COMPANY; James Gary Rowe, Attorney for First Citizens Bank, Creditors-Appellees, and Barbara A. Heck, Trustee, Trustee-Appellee. In re C. Walter WEISS, d/b/a Weiss Development, d/b/a W & M Investment; In re Paulette H. Weiss, d/b/a Karmel Korn, d/b/a Connectables, Incorporated, Debtors. Johanna F. McGAHREN, as personal representative for the Estate of Francis J. McGahren, Creditor-Appellant, v. Barbara A. HECK, Trustee for C. Walter & Paulette Weiss, Trustee-Appellee. In re C. Walter WEISS, d/b/a W & M Investment, d/b/a Weiss Development; In re Paulette H. Weiss, d/b/a Connectables, Incorporated, d/b/a Karmel Korn, Debtors. Johanna F. McGAHREN, as personal representative for the Estate of Francis J. McGahren, Creditor-Appellant, v. David G. GRAY, Creditor-Appellee, and Barbara A. Heck, Trustee, Trustee-Appellee, and First Citizens Bank & Trust Company; James Gary Rowe, Attorney for First Citizens Bank, Creditors. In re C. Walter WEISS, d/b/a W & M Investment; Paulette H. Weiss, d/b/a Connectables, Incorporated, d/b/a Karmel Korn, Debtors. ESTATE OF Francis J. McGAHREN, Creditor-Appellant, v. Barbara A. HECK, Trustee, Trustee-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1997.

Attorney(s) appearing for the Case

ARGUED: Matthew Francis McGahren, Norcross, GA, for Appellants. David G. Gray, Jr., Asheville, NC, for Appellees.

Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge WIDENER and Senior Judge PHILLIPS joined.

OPINION

MURNAGHAN, Circuit Judge:

In 1985, C. Walter Weiss and Appellant Francis J. McGahren dissolved their partnership, and their attorney executed a multipleproperty deed that transferred several properties from the partnership to McGahren. In 1989, McGahren attempted to sell one of the properties, but he discovered that he...

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